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The European Convention on Human Rights and General International Law$
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Anne van Aaken and Iulia Motoc

Print publication date: 2018

Print ISBN-13: 9780198830009

Published to Oxford Scholarship Online: November 2018

DOI: 10.1093/oso/9780198830009.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 11 December 2019

Introduction

Introduction

The European Convention on Human Rights and General International Law

Chapter:
(p.1) Introduction
Source:
The European Convention on Human Rights and General International Law
Author(s):

Anne van Aaken

Iulia Motoc

Johann Justus Vasel

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198830009.003.0001

There are many ways of looking at the relationship between international human rights law (IHRL) and general international law. One may look at the influence of IHRL on general international law, or at the reverse influence, using a method of tracing judgments and their influence on other international courts. One may also discuss the relationship under the heading of fragmentation, taking a broader, systemic, and institutional view. This introduction embeds the specified topics treated in the book which we deem exemplary, namely sources, interpretation, jurisdiction, state responsibility, and immunity in this discussion, looking at both ways of influence. This book explores the interaction effects arising in the context of human rights between the European Convention on Human Rights and general international law. Some of the chapters suggest reconciling methods and convergence whereas others stress the danger of fragmentation. There is no single view which fits all issue areas of international law but judicial dialogue is of utmost importance to ensure the sustainable development of the law for the benefit of human rights.

Keywords:   IHRL, general international law, relationship, sources, interpretation, jurisdiction, state responsibility, immunity

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